Discover how procedural rules-not the facts-can determine who wins and loses when consumers challenge powerful corporations.
Drawing on a detailed pro se case study involving a Florida Lemon Law arbitration over a malfunctioning Toyota RAV4 Hybrid with low mileage, Paul F. Davis examines how mandatory arbitration, evidentiary exclusion, repeat-player advantage, and institutional design can undermine the very consumer protections that lemon laws were created to provide. Rather than focusing solely on one dispute, this book asks a broader question:
What happens when legal procedures become more important than justice itself?
Through an interdisciplinary analysis of consumer law, arbitration, procedural justice, and civil litigation, Davis argues that many statutory rights are not openly repealed-they are quietly neutralized through procedural gatekeeping. Manufacturer-funded arbitration systems, confidentiality, evidentiary restrictions, and increasing barriers within public courts combine to produce what the author calls procedural rights erasure.
This book explores:
- How manufacturer-captured arbitration can advantage repeat corporate participants
- Why pro se litigants often face structural disadvantages regardless of the merits of their claims
- The role of confidentiality in preventing public accountability
- How procedural reforms in arbitration and public courts increasingly restrict meaningful access to justice
>Combining legal scholarship with firsthand documentary analysis, Manufacturer-Captured Arbitration, Procedural Gatekeeping, and the Erasure of Consumer Rights will appeal to attorneys, judges, lawmakers, consumer advocates, legal scholars, arbitration professionals, and anyone concerned about fairness in the American civil justice system.
Paul F. Davis is a university instructor, legal scholar, consumer rights and civil society researcher who has earned four master's degrees in jurisprudence, global affairs, health and educational leadership. His interdisciplinary research focuses on procedural justice, consumer protection, and emerging legal challenges created by evolving technologies.
Drawing upon extensive experience as both a researcher and a self-represented litigant, Davis examines how institutional design, procedural rules, and administrative systems influence access to justice. He has authored numerous books exploring law, public policy, health, and governance.
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